Cuccinelli on Obamacare Lawsuit: ‘We Are Doing What the Founders Expected’

RICHMOND — Virginia Attorney General Ken Cuccinelli said he will file a formal response as early as next week to the federal government’s attempt to dismiss Virginia’s legal challenge to Obamacare.

In an exclusive interview with Heritage, Cuccinelli said the federal government’s motion to dismiss, released on Monday, was mostly predictable. He said the attorney general’s office had already anticipated the government’s arguments and will have its response ready on or before June 7.

“What they filed on Monday was very much what we expected,” Cuccinelli said in an interview at his Richmond office. “You never know exactly how they’re going to present it, but we did expect them to move to dismiss the case.”

The legal maneuvering puts Cuccinelli at the center of the Obamacare court battle. In addition to Virginia’s lawsuit, 20 states have joined a legal challenge from Florida. Virginia is pursuing its own strategy because its legislature adopted a law protecting its citizens from the individual mandate.

Cuccinelli said the stakes are high and he expects Virginia’s case — and probably Florida’s — to end up before the Supreme Court within the next two years.

“We are doing what the founders expected states to do,” Cuccinelli said. “We are a check in the checks and balances system that was laid out by James Madison.”

The dual legal strategy has its advantages. Virginia is located in the 4th U.S. Circuit Court of Appeals, while Florida is in the 11th U.S. Circuit. Given the high-profile nature of the court challenge to Obamacare, Cuccinelli believes it’s even more likely for the Supreme Court to be the ultimate arbiter.

For his part, Cuccinelli said he’s prepared for the fight. “We are absolutely in it for the long haul and that’s important,” he said. Cuccinelli has also filed suit against the Environmental Protection Agency for its claim that greenhouse gases jeopardize human health, another major legal fight.

Ultimately, Cuccinelli said his legal challenge to Obamacare is more than a fight over government-run health care. He said America’s first principles are at stake.

“I don’t think in my lifetime we’ve seen one statute that so erodes liberty than this health care bill,” he said. “Certainly, we view our lawsuit as being not merely about health care. That’s actually secondary to the real important aspect of the case, and that is to protect the Constitution as we essentially define the outer limits of federal power. If we lose, it’s very much the end of federalism as we’ve known it for over 220 years.”

The Daily Signal depends on the support of readers like you. Donate now

Excellent. Lawsuits opposing this law imposed by a Democratic congress in the face of rejection by the majority of Americans, is the duty of officials in protecting the constitution and democracy. It takes courage and effort to stand against just plain arrogance and bad government that is tanking the country. The people of American have a debit of thanks owed to those who fight this battle for us.

Excellent… this kind of pushback is necessary to keep the power of the Federal Government from running roughshod over the middle class tax payer.

Some other ways to enforce accountability upon the Federal Government:

1. Abolish welfare and replace it with a "loan and repayment" system. Each person that is down and out deserves help; and then is obliged to repay our society after they regain their footing. The principal at work: What ever you subsidize.. you get more of it.

2. Abolish welfare for illegal immigrants.. Again, what ever you subsidize.. you will get more of it. Welfare for illegal immigrants promotes lawlessness and theft of scarce resources from the general welfare of our country.

3. Make each Senator, Congressman and the President along with his administrators personally responsible for deficit spending. If the Federal budget is not completely balanced.. then you lose your retirement credit for the year. Make this retro-active. I expect the budgets will soon be balanced.

I talk to Obama & Michelle about a successfull story "American Dream",who's fall a parts, because Deep health care showened up, when u dont even could'nt be able to face on……Now, such hypocrit attitude leading by Insurrances trusts loobys,drive me nuts….! U gays start up to have an image of Mankinds vegétables ready 4 Orwell84 nd Aldous Axley Syndroms,in order to kock sucking all those Insurances Trusts… It's pity 4 Occidental Leadership country to give an image so dawnground regarding "Vertue";Never forget where u from, mainly Europe that u left away, because Religious persecutions…..Please, dont fall aparts in front of Insurances loobys.Thanck's goodbody's to take care about this advice….lol

Thank goodness for those brave enough to speak out, to know how the legal sysem works, and who want to preserve our constitution. I am so happy to hear good news about this battle…..I hope that those of us who cherish freedom will not forget those on the front lines.

Don’t have time to read the Washington Post or New York Times? Then get The Morning Bell, an early morning edition of the day’s most important political news, conservative commentary and original reporting from a team committed to following the truth no matter where it leads.

Email address

Ever feel like the only difference between the New York Times and Washington Post is the name? We do. Try the Morning Bell and get the day’s most important news and commentary from a team committed to the truth in formats that respect your time…and your intelligence.